IATA协议英文版本(98v).doc

STANDARD GROUND HANDLING AGREEMENT (SGHA)

between:

and:

The agreement consists of:

MAIN AGREEMENT, and, as required,
ANNEX A (description of services)
ANNEX(ES) B (location(s), agreed services and charges)

CONTENTS OF MAIN AGREEMENT

DEFINITIONS AND TERMINOLOGY

ARTICLE 1 PROVISION OF SERVICES

ARTICLE 2 FAIR PRACTICES

ARTICLE 3 SUBCONTRACTING OF SERVICES

ARTICLE 4 CARRIER'S REPRESENTATION

ARTICLE 5 STANDARD OF WORK

ARTICLE 6 REMUNERATION

ARTICLE 7 ACCOUNTING AND SETTLEMENT

ARTICLE 8 LIABILITY AND INDEMNITY

ARTICLE 9 ARBITRATION

ARTICLE 10 STAMP DUTIES, REGISTRATION FEES

ARTICLE 11 DURATION, MODIFICATION AND TERMINATION

IATA AHM 810 APRIL 1998
DEFINITIONS AND TERMINOLOGY

For the sake of clarity, the following definitions and terminology apply to the SGHA;

AIRPORT TERMINAL means all buildings used for arrival and departure handling of aircraft.

ARRANGE (or MAKE ARRANGEMENTS FOR) implies that the Handling Company may request an outside agency to perform the service in question. The charge of the outside agency shall be paid by the Carrier. The Handling Company assumes no liability toward the Carrier for such arrangements.

AS MUTUALLY AGREED or BY MUTUAL AGREEMENT or BY THE CARRIER'S REQUEST, it is recommended that, whenever this terminology is used, such items be supported by specific documentation or reference.

CARGO includes the Carrier’s service cargo and company mail.

THE CARRIER'S AIRCRAFT means any aircraft owned, leased, chartered, hired or operated or otherwise utilised by or on behalf of the Carrier and in respect of which the Carrier has either expressly or implicitly contracted, instructed or otherwise requested the Handling Company to perform or carry out any ground handling service(s).

DEPARTURE CONTROL SYSTEM (DCS) means an automated method of performing check-in, capacity and load control and dispatch of flights.

ELECTRONIC DATA INTERCHANGE (EDI) means the computer-to-computer (application-to-application program processing) transmission of business data in a standard format.

LOADS means baggage, cargo, mail and any aircraft supplies including ballast.

OWNING CARRIER means a carrier who is the owner or lessee of a Unit Load Device.

PASSENGERS includes the Carrier's service and free passengers.

PROVIDE implies that the Handling Company itself assumes responsibility for the provision of the service in question.

RECEIVING CARRIER means a carrier who receives a Unit Load Device from a transferring carrier at a transfer point.

SPECIAL SHIPMENTS means, for example, perishables, live animals, valuables, vulnerable cargo, news material, dangerous goods etc.

SPECIALISED CARGO PRODUCTS means, for example, express cargo, courier shipments, same day delivery.

TECHNICAL LANDING is a landing for other than commercial reasons where no physical change of load occurs.

TICKET means either the document entitled "Passenger Ticket and Baggage Check" or any electronic ticket data held in the Carrier's data base.

TRANSFERRING CARRIER means a carrier who transfers a Unit Load Device to a receiving carrier at a transfer point.

TRANSIT FLIGHT is an aircraft making an intermediate landing for commercial reasons where a change of load occurs.

TRUCK HANDLING means loading and/or unloading a truck operating as a Truck Service.

TRUCK SERVICE means a service operated by truck on behalf of an airline carrying loads documented in accordance with the applicable IATA and/or ICAO rules, regulations and procedures. In the Main Agreement and in Annex A, the word “aircraft" will read "truck" and "flight" will read "truck service" when it concerns the handling of a truck as meant under the above definitions. In Section 5, Item 5.3.1 (a) of Annex A, the word "vehicle" means a conveyance of any kind to be used within the ramp area for transport of cargo between warehouse and truck or between two trucks or between two warehouses.

TURNROUND FLIGHT is an aircraft terminating a flight and subsequently originating another flight following a complete change of load.

UNIT LOAD DEVICES (ULDS) means devices which interface directly with an aircraft restraint system and are registered by the IATA ULD Technical Board.

MAIN AGREEMENT

An Agreement made between:
having its principal office at:
hereinafter referred to as 'the Carrier' or 'the Handling Company' as the case may be,
and:

having its principal office at:

hereinafter referred to as 'the Handling Company’ or 'the Carrier', as the case may be,

[the Carrier and/or the Handling Company may hereinafter be referred to as "the Party(ies)"]

WHEREBY THE PARTIES AGREE AS FOLLOWS:

ARTICLE 1

PROVISION OF SERVICES

1.1 General

The services will be made available within the limits of possibilities of the Handling Company and in accordance with the applicable IATA and/or ICAO and/or other governing rules, regulations and procedures.

It is not considered necessary or possible to specify every detail of the services it being generally understood what such services comprise and the standards to be attained in their performance.

1.2 Documents for Ground Handling

Documents used for ground handling will be the Handling Company's own documents, where applicable, provided these documents comply with standardised formats that may apply under IATA and/or ICAO and/or other governing rules, regulations and procedures.

1.3 Scheduled Flights

The Handling Company agrees to provide for the Carrier's Aircraft for flights operating on an agreed schedule at the location(s) mentioned in the Annex(es) B, those services of Annex A as are listed in the Annex B for the respective locations. The Carrier, in turn, agrees to inform the Handling Company as soon as possible about any changes of schedule and/or frequencies and/or types of aircraft.

1.4 Extra Flights

The Handling Company will also provide the services to the Carrier's Aircraft for flights in addition to the agreed schedule at the same locations, provided that reasonable prior notice is given and the provision of such additional services will not prejudice commitments already undertaken.

1.5 Priority

In case of multiple handling, priority shall, as far as possible, be given to aircraft operating on schedule.

1.6 Emergency Assistance

In case of emergency, including but not limited to, forced landings, accidents or acts of violence, the Handling Company shall without delay and without waiting for instructions from the Carrier take all reasonable and possible measures to assist passengers and crew and to safeguard and protect from loss or damage baggage, cargo and mail carried in the aircraft.

The Carrier shall reimburse the Handling Company at cost for any extra expenses incurred in rendering such assistance.

1.7 Additional Services

As far as possible, the Handling Company will, upon request, provide to the Carrier any additional services. Such services may be governed by special conditions to be agreed between the Parties.

1.8 Other Locations

In case of occasional flights of the Carrier’s Aircraft at locations which are not designated in the present Agreement, where the Handling Company maintains a ground handling organisation, the Handling Company shall, on request, make every effort, subject to the means locally available, to furnish necessary services.

ARTICLE 2

FAIR PRACTICES

2.1 The Handling Company will take all practicable measures to ensure that sales information contained in the Carrier’s flight documents is made available for the purposes of the Carrier only.

2.2 Neither Party to this Agreement shall disclose any information contained in Annex(es) B to outside parties without the prior consent of the other Party, unless such information is specifically required by applicable law or by governmental or authorities' regulations, in which case the other Party will be notified accordingly.

ARTICLE 3

SUBCONTRACTING OF SERVICES

3.1 The Handling Company is entitled to delegate any of the agreed services to subcontractors with the Carrier’s consent, which consent shall not be unreasonably withheld. It is understood that, in this case, the Handling Company shall nevertheless be responsible to the Carrier for the proper rendering of such services as if they had been performed by the Handling Company itself. Any subcontracting of services will be recorded in the Annex(es) B concerned.

3.2 The Carrier shall not appoint any other person, company or organisation to provide the services which the Handling Company has agreed to provide by virtue of this Agreement, except in such special cases as shall be mutually agreed between the Parties.

ARTICLE 4

CARRIER'S REPRESENTATION

4.1 The Carrier may maintain at its own cost, its own representative(s) at the location(s) designated in the Annex(es) B. Such representative(s) and representative(s) of the Carrier's Head Office may inspect the services furnished to the Carrier by the Handling Company pursuant to this Agreement, advise and assist the Handling Company and render to the Carrier's clients such assistance as shall not interfere with the furnishing of services by the Handling Company.

4.2 The Carrier may, by prior written notice to the Handling Company and at its own cost, engage an organisation (hereinafter referred to as 'the Supervisor') to supervise the services of the Handling Company at the location(s) designated in Annex(es) B. Such notice shall contain a description of the services to be supervised.

The Supervisor shall have the same authority as defined above in Sub-Article 4.1 for the Carrier's own representative.

4.3 Such assistance, when performed by the Carrier’s representative(s) and/or Supervisor(s) will be the sole responsibility of the Carrier, unless requested by the Handling Company.

ARTICLE 5

STANDARD OF WORK

5.1 The Handling Company shall carry out all technical and flight operations services in accordance with the Carrier's instructions, receipt of which must be confirmed in writing to the Carrier by the Handling Company.

In the case of absence of instructions by the Carrier, the Handling Company shall follow its own standard practices and procedures.

Other services also having a safety aspect, for example, load control, loading of aircraft and handling of dangerous goods, shall be carried out in accordance with applicable IATA and/or ICAO and/or other governing rules, regulations and procedures.

5.2 All other services shall be provided in accordance with standard practices and procedures usually followed by the Handling Company and in accordance with world-wide industry standards. The Handling Company will comply with reasonable requests of the Carrier as long as these do not conflict with the applicable orders and regulations of the appropriate authorities.

5.3. The Handling Company agrees to take all possible steps to ensure that, with regard to contracted services, the Carrier’s Aircraft, crews, passengers and load receive treatment not less favourable than that given by the Handling Company to other Carriers or its own comparable operation at the same location.

5.4 The Handling Company agrees to ensure that authorisations of specialised personnel performing services for the Carrier are kept up-to-date. If at any time the Handling Company is unable to provide authorised personnel as requested by the Carrier, the Handling Company shall inform the Carrier immediately.

5.5 The Carrier shall supply the Handling Company with sufficient information and instructions to enable the Handling Company to perform its handling properly.

5.6 In the provision of the services as a whole, due regard shall be paid to safety, security, local and international regulations, applicable IATA and/or ICAO and/or other governing rules, regulations and procedures and the aforementioned request(s) of the Carrier in such a manner that delays and damage to the Carrier's Aircraft and load are avoided and the general public is given the best impression of air transport.

5.7 The Handling Company must report to the Carrier's representative immediately all loss of or damage, threatened or actual, to aircraft and loads noticed in the course of the handling or which in any other way comes to the knowledge of the Handling Company.

5.8 The Parties shall reach mutual agreement on the quality standards for any services, not excluding those covered by Sub-Article 5.1 above. Such quality standards for a specific location may form part of the applicable Annex B. The Handling Company agrees to take all possible steps to ensure that, with regard to contracted services, the agreed upon quality standards will be met.

ARTICLE 6

REMUNERATION

6.1 In consideration of the Handling Company providing the services, the Carrier agrees to pay to the Handling Company the charges set out in the respective Annex(es) B. The Carrier further agrees to pay the proper charges of the Handling Company and to discharge all additional expenditure incurred for providing the services referred to in Sub-Articles 1.4, 1.6, 1.7 and 1.8.

6.2 The charges set out in Annex(es) B do not include:

· any charges, fees or taxes imposed or levied by the Airport, Customs or other authorities against the Carrier or the Handling Company in connection with the provision of services herein by the Handling Company or in connection with the Carrier's flights.
· expenses incurred in connection with stopover and transfer passengers and with the handling of passengers for interrupted, delayed or cancelled flights.

Such charges, fees, taxes or other expenses as outlined above shall be borne ultimately by the Carrier;

ARTICLE 7

ACCOUNTING AND SETTLEMENT

7.1 The Handling Company shall invoice the Carrier monthly with the charges arising from the provision of the handling services of Annex A as listed in Annex(es) B at the rates of charges set out in Annex(es) B.

7.2 Settlement shall be effected through the IATA Clearing House unless otherwise agreed in Annex(es) B.

ARTICLE 8

LIABILITY AND INDEMNITY

In this Article, all references to:

(a) “the Carrier" or "the Handling Company" shall include their employees, servants, agents and subcontractors;

(b) "ground support equipment" shall mean all equipment used in the performance of ground handling services included in Annex A, whether fixed or mobile, and

(c) "act or omission" shall include negligence.

8.1 Except as stated in Sub-Article 8.5, the Carrier shall not make any claim against the Handling Company and shall indemnify it (subject as hereinafter provided) against any legal liability for claims or suits, including costs and expenses incidental thereto, in respect of:

(a) delay, injury or death of persons carried or to be carried by the Car